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Old 10-03-2007, 01:28 PM
kaisersose kaisersose is offline
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Priority Date
:
Mar-07
Category
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EB2
I140 Mailed Date
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07/26/2007
Chargeability
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India
Processing Stage
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I-140+I-485
I485 Mailed Date
:
07/26/2007
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Join Date: May 2007
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Quote:
Originally Posted by AMITAT007 View Post
I am on L1A visa with Company A & the I-94 was valid till September 10, 2007.
Company B has filed my H1B on April 20, 2007 & I received I797 notice dated May 17, 2007 with change of status from Oct 1, 2007.
In the meantime, Company A has filed an extention of status of L1A from September 10, 2007 on June 8, 2007. For which I received the I797 notice dated June 28, 2007.
I have few question
1. What is my status from Oct 1, 2007, as I did not joined the company B. I am not in a position to leave Company A till Nov 15, 2007. As the I797 for L1 extention was of the latter date, whether the law of last action will be applicable here & I can work for Company A on L1 till Nov 15, 2007
2. If I can work on L1, whether my H1B approval get cancelled automatically. Whether the company B have to file I129 & I539 for me.
3. If I am out of status what should I do. Do i have go back to my native country immediately & leave to idea to work in USA for ever or there is any other way.
Your status is determined by your most recent I-94. If the H approval came with an I-94, then your current status is H and you cannot work for your L employer from Oct 01.

My wife was in a similar situation. She went out of the country (to Toronto) on Sep 30 and returned after Oct 1 using her L visa and got a new I-94 so that she could continue on L status. To use her H visa in future, she will have to go out of the country again and get a visa stamped.

There may also be a way to activate the H-1 from here, but no one is clear about that including hotshot $440 for 15 minutes attorneys. Everyone has a different opinion and no one is really sure. Most attorneys are not familiar with L-> H transitions and they incorrectly assume this is similar to H -> H transition. But H -> H is not a status change unlike F -> H or L -> H.

Last edited by kaisersose; 10-03-2007 at 01:31 PM.
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